Paterson wades into national immigration debate with "pardon" panel

In the wake of the controversial Arizona immigration law, the governor of the Empire State has waded into the national immigration debate with a proposal of his own. But unlike the measure signed into law last week by Arizona Gov. Jan Brewer, Gov. David Paterson’s plan would take new steps to prevent legal immigrants from being deported.

Paterson announced he wants to create of a panel which would assist in reviewing pardon applications of legal immigrants facing deportation as a result of criminal convictions. The special five-member panel would make recommendations to the Governor’s Office on cases deserving of additional consideration based on the facts and circumstances of the applicant’s individual case, such as cases in which the conviction concerned a minor offense, is old, or the individual has shown extensive efforts toward rehabilitation.

“Some of our immigration laws, particularly with respect to deportation, are extremely inflexible,” Paterson said. “However, federal law allows governors to pardon individuals in certain cases in order to remove the deportation consequence of a state criminal conviction. In some small way, we hope this initiative will help set an example for how to soften the blow in those cases of deserving individuals caught in the web of our national immigration laws. We hope it will prove that justice can always find a way.”

The Democratic governor said his special Immigrant Pardoning Board would seek to quash any “minor crime or old conviction” that could lead to the deportation or indefinite detention of an otherwise upstanding foreign national who has run afoul of federal immigration authorities.

“If we think these individuals deserve and have earned an opportunity to stay in this country and try to become citizens, we will grant those pardons,” Paterson said.

Paterson said there “may be thousands” who came into the country legally but face deportation or other penalties because of retroactive changes to federal immigration laws in the mid-1990s.

Paterson is concerned that in many cases, the individual’s efforts towards rehabilitation, their years of living in the community without any contact with law enforcement, and the positive contributions they have made to society are not factored into whether the individual will be deported.

“The panel will only recommend pardons for those individuals who have contributed as New Yorkers and who deserve relief from deportation or indefinite detention,” the governor added. “This initiative will help to preserve the wealth of good that immigrants have provided our state, and will stand as a symbol of justice and humanity that captures the spirit of New York.”

Paterson announced the move just over a week after his Republican counterpart in Arizona signed the nation’s toughest immigration law, which empowers local law enforcement to seek out and arrest illegal immigrants. Paterson has publicly denounced the Arizona measure.